LEGAL TERMS OF TEL I.T NETWORK.
GENERAL CONDITIONS OF THE SERVICE PROVIDER.
DEFINITION
| GENERAL | PRICE | PAYMENTS
| CERTIFICATION
| DEPLOYMENT
| LIABILITY
| DEFECTS | OWNERSHIP
1.DEFINITION OF TERMS:
(A). SERVICE PROVIDER MEANS THE TEL I.T NETWORK, ALSO REFERRED AS
'TEL I.T' AND 'TEL-SGS', WHICH TERMS SHALL INCLUDE THEIR ASSIGNS AND OR SERVICES. WHERE ANY SALE OF SERVICE BY TEL I.T, ACTING AS THE PRINCIPAL, THE TERM 'SERVICE PROVIDING' SHALL MEAN TEL I.T IN THEIR CAPACITY AS THE PRINCIPAL.
(B). END-USERS MEANS THE OTHER PARTY TO ISSUE 'WORK ORDER' HIS OR THEIR HEIRS, LEGAL REPRESENTATIVES AND PERMITTED ASSIGNS.
(C). PRODUCT MEANS THE SOFTWARE PACKAGES DEVELOPED BY TEL I.T AND THE
MODULES FOR SUCH SOFTWARE PACKAGES AND THE ENDEAVOUR OF TEL I.T TEAM, STARTING FROM THE ACCEPTANCE OF FINAL REQUIREMENT SPECIFICATION ALONG WITH THE ACCEPTANCE OF A VALID "WORK ORDER" OF THE END-USER TILL THE SUCCESSFUL PERFORMANCE OF THE PRODUCT (AFTER FINAL DEPLOYMENT)
SOLD OR RENDERED BY TEL I.T, IN THEIR CAPACITY AS PRINCIPAL DEVELOPER OR BY ITS AUTHORIZED REPRESENTATIVE OR AGENTS.
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2. GENERAL:
(A). END-USERS WILL BE ENTITLED ONLY TO THE SUPPLY OF PRODUCTS OR SOFTWARE EXPRESSLY SPECIFIED IN THE WORK ORDER AND NOTHING ELSE.
(B). FINALIZATION OF ALL DEVELOPMENT PROCESS ARE SUBJECT TO TEL I.T's WRITTEN ACCEPTANCE AND ARE SUBJECT TO CONFIRMATION AT THE TIME THE END-USER'S WORK ORDER IS RECEIVED AND PRODUCT OR SOFTWARE PREFERRED TO IN THE REQUIREMENT SPECIFIED BEING ACCEPTABLE THEN.
(C). A SOFTWARE DEVELOPMENT WORK ORDERED BY A END-USER SHALL NOT BECOME EFFECTIVE UNTIL IT HAS BEEN ACCEPTANCE IN WRITTEN BY TEL I.T, NOT WITH-STANDING RECEIPT BY SERVICE PROVIDER OF AMOUNT IF ANY, AS SECURITY DEPOSIT OR OTHER WISE.
(D). ANY ADDITIONS OR ALTERATIONS TO A REQUIREMENTS SPECIFIED AND ACCEPTED BY TEL I.T SHALL BIND PARTIES ONLY IF AGREED TO IN WRITINGS BY TEL I.T.
(E). THE LAWS OF INDIA WILL APPLY TO THE WORK ORDER ACCEPTED BY TEL I.T AND THE ACCEPTED REQUIREMENT SPECIFICATION ARISING THERE FROM.
(F). THE SPECIFIED WORK ORDER IS DEEMED TO BE ACCEPTED IN MADHYAMGRAM, NORTH 24 PARGANAS DISTRICT, WEST BENGAL AND THE TRANSACTION IN QUESTION ARE SUBJECT TO THE JURISDICTION OF COURT OR FORA RELEVANT TO THIS PLACE ONLY.
(G). IN THE EVENT OF ANY CLASH AMONG THE PROVISIONS OF THESE GENERAL TERMS AND CONDITIONS OF SERVICE PROVIDER OR PRODUCTS AND THE END-USERS CONDITION OF PURCHASE IF ANY, THE FORMER JURISDICTION SHALL PREVAIL.
(H). ANY ADDITION OR ALTERATION OR MODIFICATION TO ANY WORK ORDER ACCEPTED BY TEL I.T, SHALL BE SUBJECT TO CONFIRMATION BY TEL I.T. START
3. PRICE:
(A). THE PRICE OF TEL I.T's PRODUCTS SHALL BE INDICATED IN THE WORK ORDER ALONG WITH THESE TERMS AND CONDITIONS OF PROVIDING SERVICE. THE STATED TERMS AND CONDITION SHALL BE DEEMED TO BE ACCEPTED BY THE END-USER AT THE TIME OF ACCEPTANCE OF WORK ORDER BY TEL I.T.
(B). ANY PAYMENT RECEIVED AS ADVANCE, EARNEST MONEY, SECURITY DEPOSIT OR OTHERWISE ALONG WITH THE WORK ORDER FROM THE END-USER, IS ACCEPTED BY TEL I.T WITHOUT ANY LIABILITY TO PAY INTEREST AND TO LIABLE TO FORFEITED WITHOUT PREJUDICE TO SERVICE OTHER RIGHTS IN CASE END-USER CANCEL THE WORK ORDER OR PART THEREOF DO NOT AGREE TO ABIDE BY THE TERMS AND CONDITIONS.
(C) PRICE MENTIONED IN WORK ORDER DOES NOT INCLUDE TAXES, DUTIES ASSESSMENT LEVIES, ADDITIONAL EXPENSES LIKE CERTIFICATION OR THE EXPENSES, OCCASIONED BY CAUSES BEYOND SERVICE PROVIDER'S CONTROL INCLUDING STATUTORY IMPOSITIONS OR BY FORCEMAJURE. ALL SUCH AMOUNTS (OR AT SERVICE PROVIDER'S OPTION, A DEPOSIT TOWARDS THE SAME) SHALL BE PROVIDING BY THE END-USERS, ON TEL
I.T's DEMAND.
(D). PRICE AGREED BY TEL I.T ARE BASED ON THEIR CURRENT COSTS OF DEVELOPMENT UNLESS IT IS SPECIFICALLY AGREED TO OTHERWISE, THE PRICE ARE SUBJECT TO AMENDMENT UP TO THE TIME OF FINAL DEPLOYMENT OR DELIVERY AND ANY WORK ORDER RECEIVED BY TEL I.T IS THEREFORE ACCEPTED ON THE CLEAR UNDERSTANDING THAT THE END-USERS AGREE TO PAY ON DEMAND, PRICE ENHANCEMENT, IF ANY AS AFORESAID.
(E). IF ANY AMOUNT COLLECTED BY SERVICE PROVIDER FROM THE END-USERS AS OR TOWARDS CERTIFICATION, TAX OR OTHER LEVIES ON DELIVERY OR DEPLOYMENT, IS PAID BY THE END USERS TO THE CERTIFYING AUTHORITY OR GOVERNMENT, ANY SUBSEQUENT CLAIMS OF REFUND OF SUCH AMOUNT CAN BE RE-PAID TO END-USER'S ONLY ON ACTUAL RECEIPT OF REFUND OF THE AMOUNT BY THE SERVICE PROVIDER FROM CERTIFYING AUTHORITY, GOVERNMENT OR ITS DELEGATED AGENCIES. START
4.PAYMENTS:
PLACEMENT OF A VALID WORK ORDER ENCOURAGES TEL I.T's OFFER. A WORK ORDER ONCE ACCEPTED BY TEL I.T WILL BECOME IRRECOVERABLE. TEL I.T WILL CONFIRM ACCEPTANCE OF A WORK ORDER WITH DETAILED REQUIREMENT SPECIFICATION MENTIONED BY THE END USERS AND WHEN THE SAME IS MUTUALLY AGREED AND UNDERSTOOD. MODIFICATION IN THE FINAL WORK ORDER SHALL NOT BE ACCEPTED. THE WORK ORDER WILL CONTAIN ALL PAYMENT INSTRUCTIONS STIPULATED IN IT
i.e, THE TOTAL AMOUNT, THE ADVANCE AMOUNT AND THE MODE OF PAYMENT OF THE BALANCE AMOUNT IN FULL OR BY PARTS. TOTAL BALANCE AMOUNT SHOULD BE PAID IN FULL WITHIN OR ON THE DATE OF FINAL DEPLOYMENT OR DELIVERY. UNLESS IT IS SPECIFICALLY AGREED TO OTHERWISE, STANDARD TERMS OF PAYMENT STIPULATED BY THE SERVICE PROVIDER ARE AS FOLLOWS:
(A). A 50% VALUE OF THE PRODUCT AS ADVANCE WITH A VALID WORK ORDER AND THE BALANCE IN PART BY PART OR IN FULL TILL OR AT THE TIME OF, FINAL DEPLOYMENT OR DELIVERY OF THE PRODUCT, BY ACCOUNT PAYEE CHEQUE OR DEMAND DRAFT ETC PAYABLE AT CALCUTTA, DRAWN IN FAVOUR OF "
TEL I.T. NETWORK".
(PLEASE ADD 0.25% ON THE TOTAL AMOUNT FOR
A LOCAL CHEQUE OR, 0.50% FOR AN OUTSTATION CHEQUE, AND FOR OVERSEAS CHEQUE
PLEASE CONFIRM THE BANK SERVICE CHARGE)
THESE TERMS OF PAYMENT SHALL BE STRICT AND SHALL NOT VARY, IRRESPECTIVE OF WHETHER THE PRODUCTS ARE SUBJECT TO TESTING AND APPROVAL BY THE END-USER EITHER PRIOR TO DISPATCH FROM TEL I.T OR ON RECEIPT BY THE END-USER.
(B). THE TIME OF PAYMENT IS THE ESSENCE OF ACCEPTANCES OF WORK ORDER. THE DOCUMENTS ROUTED THROUGH BANK FOR THE REALIZATION OF ANY BALANCE PAYMENT IN THE CASES OF DISPATCHES THROUGH CERTIFYING AUTHORITY OR OTHER SUCH METHOD MUST BE CLEARED BY THE END-USERS WITHIN 15 DAYS OF DEMAND, FAILING WHICH INTEREST AT THE PREVAILING RATES FOR, OVER DRAFTS, CHARGEABLE TO TEL I.T NETWORK ACCOUNT BY ITS BANKER SHALL BE PAYABLE BY END-USERS ON DEMAND, ON ALL OUTSTANDING FROM THE DATE OF DEFAULT. IN OTHER CASES SUCH INTEREST SHALL BE CHARGED TO END USERS FROM THE DAY THE PRODUCT OR SOFTWARE IS KEPT READY, AWAITING PAYMENT OR END USER'S TESTING OR CERTIFICATION REQUIRED OR END USER'S DESPATCH OR DELIVERY OR DEPLOYMENT INSTRUCTIONS, WITH PAYMENT IN FULL.
(C) ALL BANK CHARGES, DEMURRAGES OR WARFAGES ON ACCOUNT OF DELAY IN RETIREMENT OF DESPATCH DOCUMENTS, OR DELAY IN TAKING DELIVERY OF PRODUCT OR SOFTWARE, SHOULD BE BORNE BY THE END USERS. DELAYS IN TRANSIT OF DOCUMENTS BY POST OR COURIER SERVICE OR HAND DELIVERY FROM THE END USERS OR THEIR BANKERS OR NON RECEIPT OF THEIR BANKER'S ADVICE WILL NOT BE ACCEPTED AS REASON FOR DELAY IN CLEARING OF DOCUMENTS WHERE SUCH SPECIAL TERMS ARE ACCEPTED BY THE SERVICE PROVIDER, WHENEVER DOCUMENTS ARE RECEIVED THROUGH BANK.
(D) IN CASE TEL I.T AGREES TO, AT THE REQUEST OF THE END USERS, TO FORWARD DELIVERY OR FINAL DEPLOYMENT DOCUMENTS FOR COLLECTION TO ANY SPECIFIC BANK, THE END USERS UNDERTAKE TO MAKE GOOD THE PAYMENT INVOLVED TO TEL I.T, IF FOR ANY REASON THE PAYMENT IS NOT ACTUALLY RECEIVED FROM THE BANK WITHIN 15 DAYS FROM THE DATE OF DELIVERY OF DOCUMENTS TO BANK. START
5. PRODUCT CERTIFICATION OR TESTING:
UNLESS OTHERWISE INSTRUCTED IN WRITING BY THE END USERS AND ACCEPTED BY TEL I.T, PRODUCT OR SOFTWARE CERTIFICATE ISSUANCE BY ANY CERTIFYING AUTHORITY - AS PER TESTING DONE BY TEL I.T - WILL BE BINDING ON THE END USERS. PRODUCT CERTIFICATE IF REQUIRED BY THE END USERS, TEL I.T WILL FIND A SUITABLE CERTIFYING AUTHORITY OR ACCORDING TO THE END USER'S CHOICE, FOR SUCH TESTING DONE AT END USER'S OWN COST AND AT ACTUAL. SUCH PAYMENT SHOULD BE MADE IN FAVOUR OF THE CERTIFYING AUTHORITY IN ADVANCE. THE ACCEPTANCE OF TEL
I.T's PRODUCTS BY THE END USERS AFTER SUCH CERTIFICATION WILL BE FINAL AND CONCLUSIVE. START
6. DELIVERY OR FINAL DEPLOYMENT:
DELIVERIES OR FINAL DEPLOYMENT DATE MUST BE STIPULATED IN THE WORK ORDER AND ARE SUBJECT TO THE PRIOR CONFIRMATION OF ACCEPTANCE BY TEL I.T. OBSERVANCE OF DELIVERY OR FINAL DEPLOYMENT OR AFTER SALES SUPPORT COMMITMENTS ARE CONDITIONAL UPON THE STRICT FULFILLMENTS OF THESE CONDITIONAL OBLIGATIONS BY THE END USERS, PARTICULARLY THE CONDITIONS OF PAYMENT TERMS AND WHEN THE DETAILS OF WORK ORDER PLACED HAVE BEEN TECHNICALLY CLEARED FULLY TO THE SATISFACTION OF TEL I.T.
(A) TEL I.T WILL ENDEAVOUR SINCERELY TO KEEP THE DELIVERY SCHEDULE, WHICH IS BASED ON CURRENT DEVELOPMENT PROGRAMME, AND THE REQUIREMENTS SPECIFIED BUT WILL ACCEPT NO LIABILITY FOR FAILURE TO DO SO. DELAY IN DELIVERY WILL NOT RENDER THE WORK ORDER VOID-ABLE AT THE INSTANCE OF THE END USERS. IN NO CASE WILL THE END USERS BE ENTITLED TO WITHHOLD THE BALANCE PAYMENT OR REJECT THE PRODUCT ON ACCOUNT OF DELAY IN DELIVERY.
(B) TEL I.T WILL HAVE THE OPTION IN DEPLOYING OR DEMONSTRATING THE PRODUCT IN A SINGLE PHASE OR IN MULTIPLE PHASES. AND WHEN DEPLOYMENTS ARE EFFECTED IN A SINGLE OR SEVERAL PHASES, BALANCE PAYMENT WILL BE CLEARED TO TEL I.T ACCORDING TO THE PROPORTIONATE PRICES OF EACH DEPLOYMENT AND THE END USERS WILL NOT DISPUTE THIS. END USERS WILL NOT CANCEL THE WORK ORDER OR CLAIM ANY COMPENSATION WHETHER BY WAY OF LIQUIDATED DAMAGES OR AS PENALTY FOR DELAY IN DELIVERY OR REFUSE TO ACCEPT DELIVERY OF PRODUCT ON THE GROUND OF DELAY, IF ANY, IN DELIVERY OR DEPLOYMENT. IN ANY EVENT TEL I.T WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES.
(C) IF DELIVERY OF THE PRODUCT IS DELAYED BECAUSE OF SOME CRITICAL OR TECHNICAL PROBLEM THAT MIGHT ARISE IN THE PROCESS OF DEVELOPMENT PRIOR TO COMPLETION OF THE PRODUCT. THE END USERS WILL IGNORE SUCH CONSEQUENTIAL DELAY IN COMPLETION OF THE PRODUCT DEVELOPMENT OR IN DELIVERY OR DEPLOYMENT. THE END USERS WILL ACCEPT THE PRICES VIABLE AT THE TIME OF DELIVERY AFTER COMPLETION OF SUCH DEVELOPMENT PROCESS.
(D) NO MODIFICATION OR CHANGE IN THE REQUIREMENT SPECIFICATION DURING THE TIME OF DEVELOPMENT PROCESS IS ACCEPTABLE. ON THE EXECUTION OF DELIVERY OR DEPLOYMENT OF THE REQUIRED PRODUCT SPECIFIED AND PLACED UPON THE SERVICE PROVIDER, IF THE END USERS HAVE TAKEN OR OBLIGED TO CHANGE OR MODIFY THE FINALISED REQUIREMENT SPECIFICATION, THE TIME REQUIRED OR AVAILABLE THEN AND THE ULTIMATE COST OF THE PRODUCT WILL BE AN IMPORTANT CONSIDERATION IN RECKONING FINAL DELIVERY PERIOD AS WELL AS THE REVISED PRICE OF THE PRODUCT. ANY DELAY IN GETTING DELIVERY FOR SUCH MODIFIED REQUIREMENT OR INCREASED COST OF THE PRODUCT WILL BE CO-RELATED FACTOR IN DETERMINING THE ULTIMATE DELIVERY TIME AND COST OF THE FINISHED PRODUCT OF TEL I.T. START
7.LIABILITY:
LIABILITIES OR RISKS WILL PASS TO THE END TEL I.T USERS IMMEDIATELY UPON DELIVERY OR FINAL DEPLOYMENT OF THE PRODUCTS FROM TEL I.T. START
(8) DEFECTS:
WHENEVER DEPLOYED PRODUCTS ARE FOUND IN DEFECT CONDITION OR NOT FUNCTIONING PROPERLY DURING THE OBSERVATION OR TESTING PERIOD - ACCORDING TO THE REQUIREMENT SPECIFIED, - THE END USERS WILL MAINTAIN A DETAIL LIST OF THE DEFECTS OBSERVED OR SUSPECTED FOR A REASONABLE PERIOD OR (STIPULATED IN THE WORK ORDER), IN ORDER TO ENABLE THE END USERS TO LODGE COMPLAINT FOR THE SAME TO TEL I.T AND INSIST UPON THE PRODUCT
DEPLOYER FOR A PROBABLE SOLUTION, TEL I.T's RESPONSIBILITY REMAINS TILL THE PRODUCT IS FINALLY DEPLOYED ACCORDING TO THE WORK ORDER. TEL I.T WILL NOT BE RESPONSIBLE FOR ANY DATA LOSSES ETC DUE TO ANY DEFECTS IN THE COMPUTER HARDWARE OR THE SYSTEM SOFTWARE, AT BEST ANOTHER FRESH INSTALLATION OF THE SAME PRODUCT WILL BE POSSIBLE. START
9.OWNERSHIP:
THE PRODUCT AS PROPERTY SHALL VEST IN THE END USERS ON THE APPROPRIATION OF THE PRODUCT TO THE END USER'S WORK ORDER DULY ACCEPTED BY THE SERVICE PROVIDER, AND THE END USERS ARE INFORMED OF THE SAME. UNTIL THE PRODUCT IS FULLY PAID FOR, THE END USERS AGREES THAT THE PRODUCT SHALL BE SUBJECT TO A CHARGE OR HYPOTHECATION IN FAVOUR OF TEL I.T BY WAY OF SECURITY FOR THEIR OUTSTANDING DUES IF ANY, AND NO CREDITOR OF THE END USER WILL BE ENTITLED TO TAKE THEM IN EXECUTION NOR WILL THE ASSIGNEE, RECEIVER OR LIQUIDATOR OF THE END USERS HAVE ANY CLAIM OVER THEM EXCEPT SUBJECT TO THE SAID PARAMOUNT CHARGE IN FAVOUR OF TEL I.T FOR THEIR OUTSTANDING (WORK ORDER) DUES. IN CASE OF DEFAULT IN PAYMENT SERVICE PROVIDERS DUES OR ANY PART OR INSTALLMENT THEREOF, TEL I.T WILL HAVE THE RIGHT TO ENTER UPON THE PREMISES WHERE THE PRODUCT IS INSTALLED AND RETAKE APPROPRIATE POSSESSION OF THE PRODUCT FROM THE END USERS WITHOUT PREJUDICE, TO TEL
I.T's OTHER RIGHT AND REMEDIES UNDER THE WORK ORDER AND END USER HEREBY AGREES TO GIVE SERVICE PROVIDER NECESSARY LEASE AND LICENSE FOR THE SAME IN ADDITION TO THE REIMBURSEMENT OF EXPENDITURE INCURRED BY TEL I.T IN THIS REGARD. TEL I.T WILL HAVE RIGHT OF DESTROY OR RESALE AT THE RISK OF END USERS IN THE EVENT OF UNDUE DELAY IN PAYMENT SCHEDULE OR ISSUE OF DESPATCH OR DELIVERY INSTRUCTION FOR THE PRODUCT BY THE END USERS OR HIS ASSIGNED OR NOMINEES.
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